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Michigan Gross Indecency Attorney

What Is Gross Indecency Between Male and Female Persons in Michigan?

A criminal conviction for
Gross Indecency in Michigan is nearly impossible to come back from. Yet under Michigan
law, gross indecency simply means committing sexual acts in a
public place.
If you are convicted of Gross Indecency in Michigan, you can be sentenced
up to 5 years or higher in State Prison depending on certain circumstances. It is an extremely harsh law, one people often don't realize they are breaking.

Gross Indecency in Michigan is a Sex Crime, in the same category as degrees
of Criminal Sexual Conduct (CSC 1,
CSC 2,
CSC 3, and
CSC 4). In most cases,
a conviction for Gross Indecency between Males, Gross Indecency between
Females, or Gross Indecency between Male and Female Persons will mean
having to register on the Michigan Sex Offender Registry. The period of registration is dependent on several factors, including
the age of the complainant. Sex offender registration begins
after any Jail or Prison term has been completed.

DON'T TALK TO POLICE! If you are accused of Gross Indecency, there is a high likelihood the Police
will attempt to speak with you. Someone has called the Police and claimed
they witnessed you involved in a public sex act. In order to complete
a case against you, the Police want you to admit it.
YOU HAVE A
RIGHT TO REMAIN SILENT - and you should exercise that right -
don't call the Police Officer back! Instead, speak to a
Michigan sex crimes attorney immediately.
Even if you deny it you could still say something incriminating (even admitting
to being at the scene), and the Police can twist your words and send you to Jail.

What is the definition of Gross Indecency in Michigan?

As previously mentioned, in the State of Michigan, "Gross Indecency"
is basically committing a sex act in a "public place." The exception
to this law is
masturbation in the presence of a minor, which constitutes "Gross Indecency"
even if it occurs in a private place.

Here is a non-exhaustive list of which sexual acts equate to gross indecency,
directly from the Michigan Model Criminal Jury Instructions:

Entry into another person’s vagina or anus by the defendant’s
penis, finger, tongue, or some other object. Any entry, no matter how
slight, is enough. It does not matter whether the sexual act was completed
or whether semen was ejaculated.

Entry into another person’s mouth by the defendant’s penis.
Any entry, no matter how slight, is enough. It does not matter whether
the sexual act was completed or whether semen was ejaculated.

Touching of another person’s genital openings or genital organs with
the defendant’s mouth or tongue.

Entry by any part of one person’s body or some other object into
the genital or anal opening of another person’s body. Any entry,
no matter how slight, is enough. It does not matter whether the sexual
act was completed or whether semen was ejaculated.

Masturbation of oneself or another.

Masturbation in the presence of a minor (whether in a public place or private place).

What is the definition of "Public Place" in Michigan Gross Indecency cases?

Under Michigan's Gross Indecency law, a public place is defined as any
place where "a member of the public, who is in a place the public
is generally invited or allowed to be, could have been exposed to or viewed
the act."

Notice that it doesn't matter if anyone
actually saw the alleged act - the law only requires that someone
could have seen it. A person can be charged with Gross Indecency for an act
that occurs in an empty park. It also doesn't matter whether the people
involved consented to the act.

There are 3 different types of Gross Indecency in Michigan:

"Any male person who, in public or in private, commits or is a party to
the commission of or procures or attempts to procure the commission by
any male person of any act of gross indecency with another male person
shall be guilty of a felony, punishable by imprisonment in the state prison
for not more than 5 years, or by a fine of not more than $2,500.00, or
if such person was at the time of the said offense a sexually delinquent
person, may be punishable by imprisonment in the state prison for an indeterminate
term, the minimum of which shall be 1 day and the maximum of which shall be life."

"Any female person who, in public or in private, commits or is a party to
the commission of, or any person who procures or attempts to procure the
commission by any female person of any act of gross indecency with another
female person shall be guilty of a felony, punishable by imprisonment
in the state prison for not more than 5 years, or by a fine of not more
than $2,500.00, or if such person was at the time of the said offense
a sexually delinquent person, may be punishable by imprisonment in the
state prison for an indeterminate term, the minimum of which shall be
1 day and the maximum of which shall be life."

"Any male person who, in public or in private, commits or is a party to
the commission of any act of gross indecency with a female person shall
be guilty of a felony, punishable as provided in this section. Any female
person who, in public or in private, commits or is a party to the commission
of any act of gross indecency with a male person shall be guilty of a
felony punishable as provided in this section. Any person who procures
or attempts to procure the commission of any act of gross indecency by
and between any male person and any female person shall be guilty of a
felony punishable as provided in this section. Any person convicted of
a felony as provided in this section shall be punished by imprisonment
in the state prison for not more than 5 years, or by a fine of not more
than $2,500.00, or if such person was at the time of the said offense
a sexually delinquent person, may be punishable by imprisonment in the
state prison for an indeterminate term, the minimum of which shall be
1 day and the maximum of which shall be life."

What is the definition of "Sexually Delinquent Person" in Michigan's
Gross Indecency law?

The definition of "Sexually delinquent person" is found in
MCL 750.10a:

"The term 'sexually delinquent person' when used in this act shall mean
any person whose sexual behavior is characterized by repetitive or compulsive
acts which indicate a disregard of consequences or the recognized rights
of others, or by the use of force upon another person in attempting sex
relations of either a heterosexual or homosexual nature, or by the commission
of sexual aggressions against children under the age of 16."

A Gross Indecency conviction may require registration as a Sex Offender,
according to the Michigan Sex Offenders Registration Act

The issue of Sex Offender Registration on the
Michigan Sex Offender Registry is always best left for an individual consultation because every case
is different, and many things can affect sex offender registration. In
general, Gross Indecency can be either a
Tier 2 or Tier 3 offense, depending on the age of the alleged victim and defendant.

If the alleged victim is under 13 years old, a conviction for
Gross Indecency (all 3 types) is a
Tier 3 offense requiring
LIFETIME public registration and quarterly verification.

If the alleged victim is between 13 and 18, a conviction for
Gross Indecency (all 3 types) is a
Tier 2 offense, meaning you will be on the public Registry for
25 years and will have to "report" or "verify" twice each year.
You cannot Petition for early removal. There is a limited exemption if
the alleged victim is at least 13 years old but less-than 16 years old,
and the age difference was 4 years or less (assuming the act was consensual).
There is another limited exemption if the alleged victim was between 16
and 17 years old, and the accused had no custodial authority.

Any person can access the Michigan State Police website and find out you
are a registered sex offender. As a registered sex offender, you would
be prohibited from residing, working, or loitering within 1000 feet from
any school property, known as a "Student Safety Zone" (with
exceptions for students living with parents);

In addition to "reporting" or "verifying" (at various
intervals, depending on which Tier you fall under), you would have to
notify the proper law enforcement agency
immediately if you do any of the following:

Enroll at any College or University, or discontinue enrollment;

Change your place of employment or quit or are fired;

Change your residence or domicile;

Change your name;

Establish any E-mail or Instant Message address or any other type of account
used in internet communications or postings;

Intend to temporarily reside at any place other than your residence for
more than seven days; or

Purchase or begin to regularly drive any vehicle, or if you sell, transfer,
or stop driving the vehicle.

Failures to register, report/verify, and comply with the Sex Offenders
Registry Act are crimes themselves.
You must aggressively defend against Gross Indecency charges.

Can I get the Holmes Youthful Trainee Act ("HYTA") for Gross
Indecency in Michigan?

It depends. Gross Indecency is not
per se ineligible for HYTA, but there are some things you should know.
If you get HYTA, you will not have to register as a sex offender. First of all, a person cannot get HYTA for an offense punishable by a
maximum sentence of LIFE in Prison. Note a conviction for Gross Indecency
in Michigan by a "sexually delinquent person" (defined above)
is punishable by life in prison. Second, if the facts of the case make
it such that it is a "listed offense" that requires sex offender
registration (see above), HYTA is not available unless you can show by
clear and convincing evidence that you are not likely to re-offend.Finally,
if the case involves any act that is characteristic of
1st Degree Criminal Sexual Conduct ("CSC"),
2nd Degree CSC,
3rd Degree CSC, or
4th Degree CSC. Even if you
do get HYTA,
you can still be sentenced to jail or prison.

The
Michigan Holmes Youthful Trainee Act, MCL 762.11, allows an accused young person age 17 to 21 (24 beginning in August 2015)
at the time of the offense to plead guilty to the offense, but never have
a conviction. Instead, the case is dismissed if the sentence is successfully
completed.

What is the Sentence for Gross Indecency in Michigan? Will I go to Jail
or Prison for Gross Indecency in Michigan?

The Michigan
Gross Indecency laws makes it a felony punishable by
"not more than 5 years, or by a fine of not more than $2,500.00." As mentioned above, for a "sexually delinquent person," the minimum
penalty is
1 day in Jail and the maximum penalty is
Life in Prison.

The actual incarceration time for Gross Indecency will depend on how the
Michigan Sentencing Guidelines apply to each particular case.
With the right Michigan sex crimes attorney fighting hard for you, even
if you are technically guilty, you
can get Probation for Gross Indecency.

This is scary, but rather than dwelling on the length of Jail or Prison
time you could get, it is far more important to focus on how you will
fight your Gross Indecency charges with the best
Michigan Sex Crimes Lawyer.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.